THE definition of rape is to be widened in an attempt to convict more offenders.

THE definition of rape is to be widened in an attempt to convict more offenders.

A report today by the Scottish Law Commission, after a three year review, says reforms are necessary because the law has been "in confusion".

Its 62 recommendations include a greater emphasis on consent, better protection for children and create the crime of male rape.

Launching the report, Professor Gerry Maher QC, said: "People must be able to know what types of sexual conduct the law prohibits and what types are legal."

Because "consent" is not defined under the present law, Professor Maher, the lead commissioner on the review, said guidance was needed.

The Commission recommends consent should be required for all sexual conduct.

Its report says: "Someone who consents to kissing is not consenting to having sexual intercourse."

Professor Maher said: "No one should have to be involved in sexual activity unless they consent to it.

"Yet the present law does not say what consent means. We have recommended a definition so people can know what consent is and what it is not."

Currently it is not rape or another sexual crime if the accused had a reasonable belief that the other party consented to the sexual activity even if there was no consent.

The Commission now says the accused should explain what steps he or she took to ascertain whether there was consent.

It would not exist in cases where the victim had been subject to violence, or the threat of violence, where the victim was unconscious or asleep and where the victim had been deceived as to the identity of the other person; where the victim was so intoxicated by consuming drink or drugs they lacked the capacity to give consent.

A main aim of the recommendations is to give the same protection to "men and women, and to boys and girls".

The Commission also recommends creating the offence of sexual assault which stops short of rape.

And it says the maximum term for rape, sexual assault and for some types of sexual coercion should be life imprisonment. Two sets of sexual offences will be created aimed at protecting children.

The first applies to children under the age of 13 and it gives the accused no defence even if they claim they thought the child was older.

For kids aged 13-16, in certain cases when the child has consented, the defendant will be able to claim they believed, on reasonable grounds, that the child was 16 or older.

The report was welcomed by Cabinet Secretary Kenny MacAskill. He said: "The Scottish Government shares society's revulsion at rape incidents."

There will now be consultation on the report and the proposed legislation until March.